The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the Defendant guilty of this part of the facts charged, inasmuch as there was no fact that the Defendant had by deceptioned the victim J and obtained pecuniary benefits from the defrauded, is erroneous, or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. In the trial of the competent court, the prosecutor added Article 30 of the Criminal Act to the applicable provisions concerning the fraud part against the victim J among the facts charged in the instant case, and applied for the amendment of the indictment with the content that the aforementioned facts charged are modified as follows, while adding them to the ancillary facts charged. Since this court permitted this, the judgment of the court below was no longer maintained in this regard.

However, the defendant's assertion of misunderstanding of facts or misapprehension of legal principles as to the changed primary facts is still subject to the judgment of this court, and then the judgment of the conjunctive facts will be made.

B. On September 2012, the Defendant: (a) operated a mobile phone sales store in Yongsan-gu Seoul Special Metropolitan City D stores; and (b) made a false statement on September 2012, 201 that the Defendant called the “TM business entity to obtain a mobile phone line” by phoneing to the victim J through “TM business entity” (hereinafter “TM business entity”); (b) would lend KRW 7,000,000 if the Defendant sent a copy of the certificate of personal seal impression, the copy of the passbook, and the resident registration certificate by facsimile. In the agency’s phone sales store, the Defendant called the “TM business entity” as an example.

However, the defendant has received a certificate of personal seal impression, a copy of passbook, and a copy of resident registration certificate from the victim.